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USERS

TERMS AND CONDITIONS FOR CHEERFY USER SERVICES

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE CHEERFY SERVICES AND IN PARTICULAR OUR PRIVACY POLICY WHICH SETS OUT HOW CHEERFY USES YOUR PERSONAL DATA

CHEERFY LTD enables a person (the “End User”) to connect to the Wi-Fi network of a Business (as defined below) through the CHEERFY website (at domain address cheerfy.com and referred to as the “website”) in order to provide End User with marketing communication and information that suits the End User’s individual interests as far as possible. This will automatically provide End User’s personal data to Business. Business will use End User’s personal data to offer these services, i.e. to provide the End Users with a personalised and efficient consumer experience during and after their visit to the Business’ commercial premises (“Business Premises”).

CHEERFY LTD is a company registered in England and Wales under company number 09165801, with a registered office at 92 Park Street, Camberley, Surrey, GU15 3NY, United Kingdom, VAT number: GB 203626245 (“CHEERFY”).

These terms and conditions (the “Terms and Conditions”) together with the terms provided during the registration and welcome process and any other documents referred to below, tell the End User the terms on which they may use the Services (as defined below), whether as a registered or as a non-registered user.

By using the Services, the End User confirms that they accept these Terms and Conditions and agree to comply with them.

CHEERFY and the End User will jointly be referred to as the “Parties” and each of them individually as a “Party”.

DEFINITIONS

“Local Minimum Age” means the minimum age that the End User must be in order to access the Services and is 16 years old.

“Business” or “Businesses” means the businesses who have subscribed to the CHEERFY business service.

Services

"CHEERFY will provide the End User the following services (the “Services”): Communication and personalized marketing information that suits the End User’s individual interests as far as possible via personalised electronic messages from visited Businesses. Businesses may use these messages to promote their products, enhance the End User experience on premises and generally communicate with the End User. The End User shall be able to register at a Business by connecting with a Wi-Fi device (e.g. a smartphone, tablet, or computer) to the Wi-Fi Network owned by each Business visited by the End User in or around the Business Premises in order to receive such communication and personalized marketing information."

The End User may also be invited to use the ‘Cheerfy Business Application’ by a Business who is able to invite people to use the ‘Cheerfy Business Application’ such as their employees or sub-contractors.

The End User may use the website for service registration, support and general information purposes.

CHEERFY may change the technical specifications of the Services at any time.

The End User recognises and accepts that the availability and performance of the Services are subject to the limitations of the Internet access and Wi-Fi Network available at the Business Premises and to the private use that it is subjected to. CHEERFY will not be responsible for any interruption or incidents that the Services may suffer as a result of the quality of Internet access and Wi-Fi Network service provided by the Business or its suppliers.

CHEERFY will provide a helpdesk service to the End Users in connection to the Services through the CHEERFY website and via email at help@cheerfy.com (the “Cheerfy Helpdesk”).

The Business will define the performance and usage parameters and other components of the Wi-Fi Network, such as data throughput, quality of service, time of access and frequency of sessions, number of concurrent End Users, security aspects and others.

The End User shall not use the Services to create or offer services or applications to third parties.

The End User shall refrain from using the Services to compile, store or process or to attempt to compile, store or process End User personal data.

Validity and termination

These Terms and Conditions will remain in force until the End User unsubscribes from the Services via the website or email.

CHEERFY may change or modify, at any time and at CHEERFY’s discretion, the terms in these Terms and Conditions and any related policies (from now on, the “Revisions”) by amending them on the website. The End User should regularly check these Terms and Conditions to take notice of any changes made as they are binding on the End User.

CHEERFY may terminate the Services at any time without any obligation to notify the End User.

CHEERFY will have the right to deny access to the Services to any End User that infringes these Terms and Conditions or that otherwise may (at CHEERFY’s sole discretion) pose a threat to the Services or CHEERFY’s reputation.

Use of the Services by the End User

The End User must be at least of Local Minimum Age to register for and use the Services. If the End User is under the Local Minimum Age, the End User must not register for the Services or supply any information to CHEERFY.

All the information supplied by the End User to CHEERFY must be accurate (the “Registration Data”). The End User is responsible for updating the Registration Data to ensure its accuracy at any time and shall immediately notify CHEERFY of any changes. The End User agrees to keep its Services login name and password confidential.

The End User shall refrain from using the Services in the following ways:

to carry out any fraudulent, criminal or illegal activity;

to send, receive, upload, download or use any material that might be offensive, indecent, defamatory, obscene, threatening, representing an infringement of intellectual property rights or breaking the trust, privacy or rights of third parties;

in a way that is annoying or offensive to third parties;

to send or supply “spam” or unsolicited promotional messages; or

to transmit any electronic material (including computer viruses) that causes or may cause any damage or negative impact on CHEERFY or other Internet users, or that restricts or prohibits other users to use or enjoy CHEERFY products or services.

The End User recognises and accepts that CHEERFY is not responsible for the behaviour of any Business. The End User is the only one responsible for its interactions online or offline with the Business. The End User is the only one responsible for its own behaviour and for any data, text, file, information, image, graphic, photograph, audio file, work or other content or material delivered, published or shown through the Services. CHEERFY does not control or direct the actions of the users of the Services and therefore shall not be responsible for any offensive, inappropriate, obscene, illegal or inadequate content or information that the End User might receive from the Business.

Intellectual Property

CHEERFY is the owner or the licensee of all intellectual property rights generated in and from the Services and any material published in connection with it (the “Materials”). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

The End User may not copy, reproduce, resell, distribute, spread, show, send or transmit the Materials by any means without prior written consent from CHEERFY, unless and to the extent required to use the CHEERFY services.

Any unauthorised use of the Materials might represent a violation of the intellectual or industrial property rights of CHEERFY or its third-party suppliers, as well as a breach of the law in terms of intellectual and industrial property, privacy, publicity and telecommunications.

These Terms and Conditions do not grant to the End User any intellectual or industrial property rights in connection with the Services or the Materials, unless and to the extent required to use the CHEERFY services.

Warnings and responsibilities

CHEERFY and the Businesses do not guarantee that the Services will be secure or free from bugs or viruses. The End User is responsible for configuring their information technology, computer programmes and platform in order to access and use the Services. The End User should use their own virus protection software.

The End User must not misuse the Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. The End User must not attempt to gain unauthorised access to the Services, the CHEERFY server or any server, computer or database connected to the Services. The End User must not attack any aspect of the Services via a denial-of-service attack or a distributed denial-of service attack. CHEERFY will report any breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing the End User’s identity to them. In the event of such a breach, the End User’s right to use the Services will cease immediately.

Limitation of liability

CHEERFY shall be liable for damages exclusively according to this clause 6.

The liability of CHEERFY is unlimited for damages arising out of death, injury to body or health based on a breach conducted by a legal representative or designated agent of CHEERFY, as well as for damages that arouse from the lack of a guaranteed characteristic or in case of fraudulent intent.

The liability of CHEERFY is unlimited for damages caused by CHEERFY, a legal representative, or designated agent by intent or gross negligence.

In case of a slight negligent breach of a contractual core duty CHEERFY shall, except in the cases pursuant to clause 6.2 and 6.5, only be liable to the amount of the typically foreseeable damage. Contractual core duties abstractly are such duties whose accomplishment enables proper fulfilment of the contract in the first place and whose fulfilment a contractual party regularly may rely on.

"The illegality, invalidity or total or partial inability of any provision of these Terms and Conditions for any purpose shall not affect the legality, validity or effectiveness of said provision for any other purpose or the remaining provisions of these Terms and Conditions. Any provisions of the Terms and Conditions that by their nature do not disappear with the termination of the use of the Services, regardless of the cause, including but not limited to the Privacy, Liability and Intellectual Property rights stipulations will survive any termination of the Services."